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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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can adverse possession be claimed on a property in a will

Customer Question

can adverse possession be claimed on a property in a will
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Can you explain your situation a little more please?
JACUSTOMER-e4vegkxt- :

I have a situation where my stepfather left me a flat in his will, he died in November 3 weeks after the sale went through, unfortunately he used the family solicitor who gifted the property solely to me, but he has another property which was left in effect from the estate to 3 other relatives .My problem is 2 of the people on that side of the will were power of Attorney and instead of selling the house when my Stepfather went into a home, which was vacant, they evicted 2 members of the family from the flat that was gifted to me. They were protecting their inheritance obviously, my Stepdad would not have agreed to me losing me, he would have adjusted his will. I bought the bottom flat from my stepfather in 1989, it had been a house that had been converted very roughly in the 1960s by him but he only had family in it, he had a lease attached to the bottom flat when I bought it, but I lived in it as a house with his permission, for over 20 years before converting it properly and selling my flat a couple of years ago, I then lived part time in the top flat with 2 other relatives, until I was forced into a sale when they put my Stepdad in a home. The will as it stands dictates that I get nothing and the other 3 get all the estate, which is not what my Stepdad would have wanted. My brother who is one of the other power of attorneys is in support of me, he is on that side of the will. I just thought I maybe able to use the adverse possession tactic as something in my favour, rather than just a challenge to the will and see what my chances are.

Alex Watts :

Is the land registered?

JACUSTOMER-e4vegkxt- :

yes, it was.

JACUSTOMER-e4vegkxt- :

The top flat was only registered when it was sold, I lived in the property as a house until I separated it, I paid council tax for years as a 4 bedroomed house, even though my bottom flat was in a lower band. It was the power of Attorneys who sold it when they could have sold the house that My stepdad was living in, that is still sitting there and he had money in his bank for his care home, they as attorneys should have made sure that I the will was still in line with his wishes, because he was not capable of making decisions anymore, and did not now this would happen and most certainly would not of wanted this.

Alex Watts :

Yes if you have exclusive access to the land / property excluding all others and have done for 10 years you can make a claim for adverse possession.

Alex Watts :

You need to contact the Land Registry

Alex Watts :

In short the process is this:

Alex Watts :

1) After 10 years’ adverse possession, the squatter will be entitled to apply to be registered as proprietor in place of the registered proprietor of the land.

Alex Watts :

2) On such an application being made the registered proprietor (and certain other persons interested in the land) will be notified and given the opportunity to oppose the application

Alex Watts :

3) If the application is not opposed, the squatter will be registered as proprietor in place of the registered proprietor of the land

Alex Watts :

If it is opposed the application is usually rejected.

Alex Watts :

For more information please see: http://www.landregistry.gov.uk/professional/guides/practice-guide-4

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

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